Obamacare: Pay No Attention to Mandate Behind Curtain of Spin

In yet another slight to rule of law, the Obama Administration has asked a federal court to put a press conference pronouncement above official regulation.

Last week, the Department of Justice filed a legal response to one of numerous lawsuits currently challenging the constitutionality of the Obamacare anti-conscience mandate. The Administration submitted its response to the legal complaint of Belmont Abbey College, represented by the Becket Fund for Religious Liberty, to the U.S. District Court of the District of Columbia.

In what the Becket Fund is calling a “remarkable” stance, the Obama Administration argues that the court should dismiss Belmont Abbey’s lawsuit because the President promised in a February 10 press conference to change the anti-conscience mandate at some undetermined future date.

The Administration’s legal response largely ignores the fact that the final version of the rule, filed by the Administration just hours after the press conference, was not changed; rather, it enshrined the original offensive mandate in law.

The Obama Administration is not petitioning the court to consider the merits of the final regulation as published. Rather, the Justice Department is asking the court to make a legal determination based on promises made at a press conference.

“Apparently, the administration has decided that the mandate, as written and finalized, is constitutionally indefensible,” said Hannah Smith, senior counsel at the Becket Fund. “Its only hope is to ask the court to look the other way based on an empty promise to possibly change the rules in the future.

“Since when does ‘Trust me, I’m from the government’ suspend the laws of the land?” Smith continued.

The Obama Administration’s weak argument should surprise no one. While Obamacare was still being debated, the American people were told that Congress would have to pass the bill in order to find out what was in the legislation. Now, the Administration is asking a federal court to wait until a future rule-making to determine whether the mandate, as already finalized, violates the Constitution.

The lack of concern for whether the Obamacare anti-conscience mandate meets constitutional muster appears to have permeated the process from the beginning.

In a Senate hearing last week, Senator Orrin Hatch (R–UT) asked Secretary of Health and Human Services Kathleen Sebelius if she had consulted with the Department of Justice prior to issuing the religious-liberty violating mandate. She responded, “I did not. No Sir.”

Obamacare’s overreach, including the anti-conscience mandate, is an unprecedented violation of liberty. The Administration’s request that a court pay no attention to the final mandate behind its curtain of spin is only the latest example.

Sarah Torre focuses on policy issues related to religious liberty, marriage and family as policy analyst in the DeVos Center for Religion and Civil Society at The Heritage Foundation. Read her research

Join The Discussion

This is not a time to talk only of whittling off the rough edges of Obamacare. No good doctor would only remove half of a patient's cancerous growth. Politicians who speak in such terms are not worthy of their office, re-election or election. Nothing about Obamacare so far enacted is moral much less Constitutional. Those who cherish freedom must demand its full repeal in the next term. We must hound every victorious politician running on its repeal to fight every day for the same until it is history. Symbolic hearings, speeches & votes will not be tolerated.

Rewording a Mandate does not change it. Insurance companies are paid, in many instances, by the employer, not mentioning those institutions that are self Insured. I was a nursing studdent in a VERY prominent Catholic Hospital and University, and I worked in another Catholic hospital both were self insured. Saying 90% or more of Catholics use BC is not the point, the point is that the Goverment is violating the 1st admendmnt an what a person does is between them and heir priest. By the way there are many denominations that frown on strilization and abortion, Orthodozz Jews and High evangilist are amoung thm. If we allow one infringement on Our God given rights as written in the Bill of Rights and Constitution, we will see more. George Soros wants only 1 wrld govermen ans he is putting millions into this, he's behind the United Nations bid to tax and control nations. It's time to exit the UN and revoke George Soros' citzenship and expel him back to Europe and then clean house in getting rid of Pelosi and Reid.

We had all better wake-up and face the fact that Obama has become this nation's first dictator. He does anything he wishes, weather it's energy, religion, ecomony, health. or any other parts of our American way of life. He hates our Constiatution and flaunts it by setting policies that are in direct conflict with it's laws. Yet no one does anything to stop him. So many in the power structure in Washington and most of the national media, actually support his agenda. Unfortunately it will take much more than an election to save our nation.

How could anyone, in the face of this administrations failures, vote them in for a second term. It is unbelievable that the citizens of this great Nation would allow this to happen. Nothing that has been done regarding our "foreign policy" has made any sense unless it was done to put the United States at the bottom of the barrel.

Read "Shadow party, Shadow goverment" and You will see how George Soros and his followes have been working to takeover the world, they control a lot of weath andare using it to undermind ALL countries so as to make an "Open society" that the control.

There are so many irregularities in the conduct of the current administration's business that it is truly breathtaking. Every day they seem to break new unconstitutional ground. To use Obozo's favorite word, it's "unprecedented." On one hand they seem to be floundering but on the other they are frighteningly efficient when it comes to curtailing our rights and disabling our economy.

Just when you think the "powers that be" can't get any more "off the wall," we have something like this happen and one has to wonder if they are ALL smoking wacky weed in Washington!!!! The lack of logic is so ridiculous that you just can't believe what is happening and perhaps that is EXACTLY what makes it so dangerous. Any day now I wonder if the Supreme Court won't throw up their hands and say, "Well, alrighty then, you just do whatever you want and to H*LL with the Constitution and the Rule of Law! You go, guys. We are with you!"

We better all hope that the Good Lord has a real BIG sense of humor!!!!

Pregnancy isn't a disease
Infantacide is prohibited under the 14th Amendment because that which is delivered is by law a "PERSON".
Why didn't he exercise his executive order on this matter? Because under the executive order he has no authority. Executive order doesn't cover this.
Under Sec 2 of the Constitution he has no authority to order this himself and therefore no authority to delegate such an order.
Philosophically, something cannot give what one does not possess. He can give no such order because he doesn't possess such authority..
This is a ploy because it wasn't in the original health care act and is adding it on which he cannot do. Only the legislature can put forth such a law.
In short he has no authority to issue such a mandate which is unconstitutional to do so and the mandate itself is unconstitutional.
It is an attempt to close down the Catholic Church in this country to which it owes so much.

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